SAURABH CHHAJER VERSUS STATE OF RAJASTHAN, UNION OF INDIA, THROUGH SENIOR INTELLIGENCE OFFICER DIRECTORATE GENERAL OF GOOD AND SERVICE TAX INTELLIGENCE JAIPUR ZONAL UNIT JAIPUR

Interim bail application – bail sought on humanitarian grounds as accused wife due to deliver very shortly – HELD THAT:- Considering the facts that petitioner’s wife is due to deliver within this week and on humanitarian grounds, it is deemed proper to allow the interim bail application of the petitioner for a period of fifteen days subject to petitioner surrendering his passport with the concerned Jail Superintendent.

The accused-petitioner shall be released on interim bail for a period of fifteen days from the date of release – interim bail application allowed.

No.- S.B. Criminal Miscellaneous (Interim) Bail Application No. 12943/2019

Dated.- September 24, 2019

Citations:

  1. Nandkumar Pandurang Ghadge Versus State Of Maharashtra – 2007 (1) TMI 634 – Bombay High Court

MR. PANKAJ BHANDARI J.

For Petitioner(s) : Mr. Sudhir Jain.

For U.o.I. : Mr. Siddharth Ranka.

For State : Mr. Arvind Kumar, PP.

Order

1. Petitioner has filed this interim bail application under Section 439 of Cr.P.C.

2. Complaint No.34/2019 is pending before the Court of Chief Metropolitan Magistrate (Economic Offences) Jaipur Metropolitan, for offence under Sections 132(1), (b) (c), (f), (g), (k), (i) of Central Goods and Service Tax Act 2017 read with Section 69 CGST Act punishable under Section 132(1)(i)(iv) of Central Goods and Service Tax Act, 2017 read with 132(5) of CGST Act.

3. It is contended by counsel for the petitioner that petitioner’s wife is pregnant and the delivery is expected in last week of September, 2019. It is contended that the interim bail is sought on humanitarian grounds as husband’s presence is important at the time of delivery. It is also contended that parents of petitioner’s wife are not residing at Jaipur and there is no one to look after her.

4. Counsel for the petitioner has placed reliance on “Nandkumar Pandurang Ghadge vs. State of Maharashtra 2007 (23) R.C.R. (Criminal) 868” wherein interim bail was granted on humanitarian grounds as accused wife due to deliver very shortly.

5. Learned Public Prosecutor and counsel for the complainant have opposed the interim bail application. It is contended that petitioner is involved in claiming fake currency inputs to the tune of ₹ 33 crore and regular bail was rejected twice by the Court below.

6. I have considered the contentions.

7. Considering the contentions of counsel for the petitioner and also the facts that petitioner’s wife is due to deliver within this week and on humanitarian grounds, I deem it proper to allow the interim bail application of the petitioner for a period of fifteen days subject to petitioner surrendering his passport with the concerned Jail Superintendent.

8. This interim bail application is accordingly allowed and it is directed that accused-petitioner shall be released on interim bail for a period of fifteen days from the date of release. He should surrender after the expiry of interm bail i.e. on 09.10.2019 before the concerned Jail Superintendent. Petitioner is granted interim bail provided he furnishes a personal bond in the sum of ₹ 10,00,000/- (Rupees Ten Lac Only) together with two sureties in the sum of ₹ 5,00,000/- (Rupees Five Lac Only) each to the satisfaction of the learned trial court.

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